Allowed

Narendra Kumar v. State of U.P.

Allahabad HC14 Jun 2023BAIL/10692/2023

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 10692 of 2023, the Allahabad High Court allowed bail for Narendra Kumar accused of rape and cheating. The court found it a fit case for bail without commenting on case merits, granting release on personal bond and sureties with conditions against tampering with evidence or misusing liberty.

What did the court decide?

Applicant released on bail with personal bond and two sureties, subject to conditions against tampering with evidence, harassment, and misuse of liberty.

Narendra Kumar Vs State of U.P. — Cheating and Forgery | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:126504

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Court No. - 65

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10692 of 2023

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Applicant :- Narendra Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Ashutosh Counsel for Opposite Party :- G.A.,Yatindra Kumar Dubey

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Hon'ble Vipin Chandra Dixit,J.

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Compliance affidavit has been filed by learned A.G.A., which is taken on record.

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Heard Sri Ashutosh, learned counsel for the applicant, learned AGA for the State, Sri Yatindra Kumar Dubey, learned counsel for the informant and perused the material on record.

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Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in this case. As per allegations of F.I.R. as well as the statements of victim recorded under Sections 161 and 164 Cr.P.C., the physical relation was developed by the applicant with the victim on false assurance of marriage. It is further submitted that as per F.I.R., the victim is major aged about 22 years. It is further submitted that as per statements of victim recorded under Sections 161 and 164 Cr.P.C., it appears that the victim is consenting party and as such no offence under Section 376 I.P.C. is made out against the applicant. He next submits that the applicant is in jail since 13.12.2022 and if he is released on bail, he will not misuse the liberty of bail.

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Learned AGA for the State as well as learned counsel for the informant vehemently opposed the prayer of bail.

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Upon hearing the learned counsel for the parties and upon the perusal of the record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage, without commenting on the merits of the case, I find it a fit case for bail. The bail application is allowed.

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Let applicant- Narendra Kumar be released on bail in Case Crime No. 345 of 2022, under Sections 376, 506 IPC, registered at P.S. Ahirauli, District Kushinagar, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the following conditions:

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(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

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(ii) The applicant will abide by the orders of the court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicant will not indulge in any unlawful activity.

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(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.

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The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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Order Date :- 14.6.2023 Kpy

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Digitally signed by :- KAVLESHWAR PRASAD YADAV High Court of Judicature at Allahabad

Narendra Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Narendra Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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